significant features of the Maternity Benefit Act, 1961:

Here are the significant features of the Maternity Benefit Act, 1961:

1. Applicability

• Applies to all establishments employing 10 or more employees, including factories, mines, plantations, shops, and other establishments.

• Covers both the organized and unorganized sector (as notified).

2. Eligibility

• A woman must have worked for at least 80 days in the 12 months preceding the expected delivery date to be eligible.

3. Maternity Leave Duration

• 26 weeks for the first two children.

• 12 weeks for the third child onwards.

• 12 weeks for adoptive or commissioning mothers (if the child is under 3 months of age).

• 6 weeks leave in case of miscarriage or medical termination of pregnancy.

4. Maternity Benefit (Wages)

• Paid leave at the rate of average daily wages for the period of actual absence.

5. Medical Bonus

• A fixed medical bonus (currently Rs. 3,500) if no free medical care is provided by the employer.

6. Prohibition of Hazardous Work

• Pregnant women are exempted from tasks that are physically demanding, require long hours of standing, or pose health risks.

7. Nursing Breaks

• Entitled to two nursing breaks per day after rejoining, until the child is 15 months old.

8. Job Protection

• Employers cannot dismiss or discharge a woman on maternity leave.

• Denial of maternity benefits or dismissal during maternity leave is unlawful.

9. Notice Requirement

• The woman must give written notice of her maternity leave, and employers are legally bound to comply.

10. Crèche Facility

• Every establishment with 50 or more employees must provide a crèche and allow four daily visits (including rest intervals).

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